Terms and conditions
For consumer orders in the online store · Updated 14 September 2026
These terms govern purchases of goods, expressly offered product subscriptions and reservations from Moodsup GmbH.
1 Scope and contracting party
1.1 These terms apply to contracts between Moodsup GmbH and consumers concluded through moodsup.at. A consumer is a natural person acting mainly outside their trade, business or profession.
1.2 Your contracting party is Moodsup GmbH, Opernring 1/E/224–227, 1010 Vienna, Austria. Email: office@moodsup.at. Company register number: FN 678544 i. Company register court: Commercial Court of Vienna. Further provider information is available in our legal notice.
1.3 The store is intended for adult consumers and delivers within Austria. Commercial resale requires a separate agreement.
1.4 The version included at the time of ordering applies. Individual agreements take priority. Later website changes do not alter existing contracts.
2 Orders and contract formation
2.1 Product displays invite you to place an order. You can review and correct your cart and details before submitting. The contract language is German.
2.2 By selecting the button that clearly indicates an obligation to pay, you submit a binding offer for the displayed contract. Quantity, total price including taxes, shipping and any subscription terms are shown beforehand.
2.3 An automatic email confirms receipt only. We accept within three calendar days by express order confirmation, dispatch, a payment request or collection of payment. A mere authorisation is not collection. If we do not accept within that period, you are no longer bound and received payments are returned.
2.4 Before acceptance, we may reject an order where goods are unavailable, stated quantity limits are exceeded or there are concrete signs of unauthorised payment use. After formation, cancellation or avoidance follows statutory law or an effective agreement; we do not unilaterally change the agreed price.
2.5 You receive the contract details, applicable terms, withdrawal information and offer terms by email in a form you can retain. We store contract data; a permanent customer-account archive exists only where expressly stated.
3 Prices and payment
3.1 Prices are in euro and include applicable VAT. Shipping costs are shown before ordering. The prices and shipping terms agreed when the contract is concluded apply.
3.2 Available payment methods and due dates are shown during checkout. Advance payments are due when the contract is concluded. Dispatch follows receipt or binding confirmation of payment.
3.3 In case of default, statutory interest and legally recoverable necessary enforcement costs may apply. No automatic contractual penalty or processing fee is agreed.
3.4 A chargeback does not by itself extinguish a valid price claim or prove fraud. Statutory rights against payment providers and all withdrawal, warranty and defence rights remain unaffected. Duplicate payments or reimbursements are taken into account.
4 Pre-orders and reservations
4.1 A product marked as a pre-order is a purchase of goods available later. Product characteristics, total price, delivery date or defined period and any deposit and balance terms are shown before ordering. Deposits are credited in full.
4.2 The term pre-order does not restrict statutory withdrawal rights. Withdrawal may be declared before receipt. Payments are reimbursed if delivery is definitively cancelled; statutory rights apply to delay.
4.3 A reservation expressly offered for €5.99 does not itself purchase goods or create a product subscription. It records the selected option for launch. If you later place a separate product order, the amount is credited in full towards its price. You are not obliged to place that order and no automatic balance collection is authorised.
4.4 New reservations do not include an additional voluntary cancellation right unless expressly stated in the offer. Statutory withdrawal rights remain unaffected. Cancellation and refund terms already promised for earlier reservations remain valid. If the reserved offer is definitively cancelled, payments received for it will be reimbursed.
5 Delivery and risk
5.1 Delivery time and shipping costs follow the offer and order confirmation. Partial delivery is made only where reasonable and without extra shipping cost.
5.2 We will inform you without undue delay of foreseeable delay. Notice does not unilaterally move an agreed date. Statutory rights to performance, withdrawal and damages remain. A materially different product or formulation is supplied only with your consent.
5.3 Risk passes when the goods are handed to you or a third party nominated by you other than the carrier, subject to statutory rules where you independently appoint a carrier.
5.4 Please provide a complete delivery address. If delivery fails for a reason you culpably caused, only necessary and legally recoverable additional costs may be charged after agreeing a new dispatch.
6 Product subscriptions and termination
6.1 A paid subscription begins only when you expressly select a subscription offer. A one-time purchase, reservation or free 8 Hours Club membership does not create one.
6.2 Quantity, delivery and billing interval, price including tax and shipping, first-delivery differences and termination conditions are shown before conclusion. Any loyalty price schedule is displayed in full. Twenty-eight days means four weeks, not a calendar month.
6.3 Unless stated otherwise before conclusion, a subscription runs indefinitely without a minimum term and may be terminated for the end of the current delivery and billing period. Notice received before dispatch of the next delivery is also applied to that delivery and any collected payment for it is reimbursed. Statutory withdrawal rights remain independent.
6.4 Termination may be sent to office@moodsup.at or made by any other legally permitted declaration. We confirm receipt and the effective date by email. No reason is required for ordinary termination.
6.5 Agreed loyalty price reductions apply to the stated successive deliveries. An agreed pause does not by itself cause delivery, payment or loss of the achieved level. Restarting after termination may be subject to a newly displayed offer.
6.6 Increasing an agreed subscription price or changing the agreed quantity requires your express consent. Silence is not consent. Both parties retain statutory rights to terminate for cause.
7 Vouchers and 8 Hours Club benefits
7.1 Joining the 8 Hours Club is free. The scope and conditions of benefits are stated in the relevant offer. Withdrawal of marketing consent does not reclaim benefits already granted or remove vouchers already promised.
7.2 Free promotional vouchers are governed by the value, period, products, minimum order and combination rules displayed before use. They are not paid out in cash unless expressly promised.
7.3 Where an offer promises €25 as five separate €5 benefits, it does not mean €25 off the first order. The applicable order or billing periods and any minimum order are displayed in the offer.
7.4 First-order offers may be limited to one per eligible natural person where stated in the offer. A second email address does not create new eligibility, while a shared address, connection or device alone does not prove misuse.
7.5 Free first-order gifts form part of that order. They generally must be returned after full withdrawal, but ordinary later subscription termination does not require their return or repayment of a comparison value.
8 Order information and misuse prevention
8.1 Deliberately false identity, delivery or payment details, unauthorised payment instruments, manipulated order processes and false payment or return evidence are prohibited.
8.2 Concrete discrepancies may be checked proportionately and in accordance with data-protection law. Checks do not postpone statutory reimbursement periods or alter the burden of proof.
8.3 Proven serious manipulation may result in blocking an account for new orders. Existing contractual claims and statutory termination and withdrawal options remain accessible.
9 Withdrawal and returns
9.1 Consumers generally have a statutory right of withdrawal for distance contracts. Details are set out in the withdrawal instructions. Rights concerning defective or incorrect goods remain independent.
9.2 Statutory exceptions include rapidly perishable goods and sealed goods unsuitable for return for health-protection or hygiene reasons once the relevant seal is removed. Classification as food or a supplement alone does not exclude withdrawal.
9.3 Opening a shipping carton or outer box alone does not remove the right. For individually sealed sticks, the relevant protective seal matters.
9.4 Please return goods with suitable protective packaging and, where possible, the order number. Original cartons, prior approval, photos or a specified carrier are not conditions for valid withdrawal. You bear direct return costs for an ordinary withdrawal; we bear costs required by law for justified defect claims.
10 Product characteristics and warranty
10.1 The agreed product characteristics and statutory requirements apply. Ingredients, allergens, directions, storage and warnings are shown on the product page and packaging.
10.2 Food supplements are not a substitute for a balanced and varied diet and healthy lifestyle. Do not exceed the recommended daily amount and keep out of reach of young children. No cure, treatment or specific individual sleep outcome is guaranteed.
10.3 Statutory warranty rights apply free of charge within their legal scope. Contact us using the details in section 1.2.
11 Liability
11.1 We are liable under statutory law for intent, gross negligence, injury to life, body or health, product liability, guarantees, fraudulent concealment and statutory warranty claims.
11.2 Statutory liability applies to slightly negligent breach of essential contractual duties. Liability for slightly negligent breach of other duties is excluded only where permitted by mandatory law. The statutory burden of proof is not changed.
12 Retention of title
Goods remain our property until the applicable purchase price has been paid in full.
13 Law and dispute resolution
13.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. This choice does not deprive consumers of mandatory protections that would apply without it.
13.2 Statutory jurisdiction rules apply; no exclusive Vienna jurisdiction is agreed for consumers.
13.3 Complaints may be sent to the contact in section 1.2. We do not generally undertake to participate voluntarily in consumer conciliation proceedings unless legally required.
13.4 If a provision is ineffective, statutory rules apply in its place.